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settlement offer, minor kids , too low ??

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canoso1751

Junior Member
What is the name of your state (only U.S. law)? Mississippi

Auto accident a year ago last Feb ,other driver at fault ,,her insurance company agrees to pay max ,,my under insured insurance pays max ,,,childrens father ,at first refuses to contact his insurance for his children ,,my insurance goes around him directly to his insurer ,, works with them to get a settlement for the kids.
The fathers insurer, State Farm , offers $5 k for meds ,$12k pain and suffering. I question how they arrive at that amount ,,,they respond that is all its worth ,will give no other response. Both of the other insurer's are surprised ,,advise me I might need to get council,,Even though they say the judge will likely go after State Farm. Are we being unreasonable ?

I have spoken to 4 lawyers , no one is interested in taking the case ,by the hour ,and there is no big settlement available. Should I stroll into court Pro Se and hope for the best.
child released by DR. after 2 surgeries $36 k in meds. no current problems,
cheakbone crushed into nasel cavity ,,possible future complications.
Comments ,,opinions,,,helpWhat is the name of your state (only U.S. law)?
 


ecmst12

Senior Member
If no one will take your case, there's a reason. You definitely should NOT go to court without a lawyer. What is the TOTAL amount you are receiving from all insurance companies?
 

canoso1751

Junior Member
Total amount from the two offers agreed to for child number 1 is $47 k for child number 2 is $3k 3rd insurance co has offered $17k for number 1 and 0for number 2.
 

ecmst12

Senior Member
Obviously the 2nd child wasn't badly injured; he'd only be able to get anything from the 2nd and 3rd insurance companies if the first one offered the max.

You really think $64k is not enough if the child has no current problems at all?
 

canoso1751

Junior Member
I really do not know ,if that is enough or not. That is why I asked ,,but the other attoneys involved seemed to think it unusual that the did not pay limits.Another attorney who works for the state said max limits on a 25k policy did not seem unreasonable.
The attorneys I have talked to seem to think that max limits from St. FRM are due but we are only talking about $8k difference in what they offer so no big payout to the lawyer ,they are not interested in taking it hourly.
This is about my step son ,,I will not see this money after bills are paid. I do not want him to miss anything he is entitled to.
 

ecmst12

Senior Member
So it's not worth getting a lawyer and going to court over $8k. Going to court will cost you way more then $8k. State Farm is always difficult to deal with.
 

canoso1751

Junior Member
Being the ornery person that I am ,,If I gave it all to the lawyer that would be fine,,,, at least the the damn insurance company would lose as well. It is getting to the point that winning is not as important as not losing.
 

canoso1751

Junior Member
Being the ornery person that I am ,,If I gave it all to the lawyer that would be fine,,,, at least the the damn insurance company would lose as well. It is getting to the point that winning is not as important as not losing.
 

ecmst12

Senior Member
That is dumb, it's not about you it's about the child, and it's not even YOUR child! What does the actual parent think? You actually don't have the authority to settle on behalf of a step child.
 

ats2009

Junior Member
just because a person only has minimum insurance doesn't mean that's what you have to settle for.

You would be suing the person

the insurance only has to pay up to the policy

so the question would be have the lawyers checked into the person at fault

does that person have money, own property, or have an umbrella policy
to cover anything over his policy.
 

canoso1751

Junior Member
ecmst12

Why is that dumb ? ,,letting companies get away with this crap because it is not profitable to challange them leads to more crap. Someday, maybe, it will have some impact. It is a personal decision , Never roll over and take it.

It has been about the child , the whole time. I will get nothing from this deal. He is my step son ,my responsibility. I will do the best for him that I can.
He father is an a hole ,,he see's nothing in it for him so he fought it all the way.
Yes,, I know I can not settle , there mother will do that. But I can negotiate.

abs 2009
The little old lady does not have a pot to pis in ,,she has a trailer she owes on and a lot she rents. I would not put the old lady in the street anyway. it is a miracle she had insurance at all.

I know every liar on the planet say's it is not about the money,,,,but as I said I will give the difference to the lawyer ,because St. FRM has been so crappy.
 

ats2009

Junior Member
since she has nothing and had minimum coverage the insurance company knows that it is not worth going to court.
this is also why no lawyer will take case. there's nothing for them to get.

the court fees would be expensive.
you could probably try to get more
but the insurance company knows that they are in control.
sorry
 

ecmst12

Senior Member
I love my insurance company, personally. I've been nothing but happy every time I've had to make a claim with them.

I still don't think you have the authority to settle a claim with children you have no legal relationship with.
 

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